3Interpretation

nomination papers means the appropriate form of nomination papers as approved by the
Secretary under regulation 18

returning officer, in relation to an election, means the returning officer appointed
under regulation 5 to be the returning
officer for that election

voting papers means
the appropriate form of voting papers as approved by the Secretary
under regulation 18.

(2)In these regulations,
a reference to an election for a parent representative includes a
reference to an election for 1 or more parent representatives.

(3)In these regulations,
terms defined in section 92(1) of the Act have
the meanings defined in that section.

Election timetables

4Schools use either short election timetable or long
election timetable

(1)Every school
must use the timetable for trustee elections set out in Schedule 1 (the short election timetable),
unless the school is a school to which subclause (2) applies.

(2)The following
schools must use the timetable for trustee elections set out in Schedule 2 (the long election timetable):

(a)a correspondence school:

(b)a school whose Board has applied to the
Secretary for permission to use the long election timetable and received
permission to do so from the Secretary.

(3)A school (other
than a correspondence school) that uses the long election timetable
may change to using the short election timetable if, on application,
the Secretary gives permission.

Returning officers

5Returning officers

(1)The Board
of every school must appoint a returning officer for each trustee
election held to elect any of the following:

(a)a parent representative:

(b)a staff representative:

(c)a student representative.

(2)If a Board
fails to appoint a returning officer for an election within the time
required under the relevant election timetable, the Secretary must
appoint a returning officer for that election.

(3)If a returning
officer becomes unable to carry out the duties of a returning officer,
the Board or the Secretary (depending on who appointed the original
returning officer) must appoint a replacement returning officer.

(4)Every returning
officer must conduct the election—

(a)in accordance with these regulations;
and

(b)in accordance with the relevant election
timetable; and

(c)otherwise as he or she thinks fit.

Rolls and nominations

6Roll

(1)The returning
officer must prepare a roll for the election.

(2)The roll must
contain the name and address of every person entitled to vote in the
election.

(3)At any time
before election day, the name (but not the address) of every person
on the roll or supplementary roll must be available for inspection
at any reasonable time at the school.

7Supplementary roll

(1)This regulation
applies only to schools that use the short election timetable.

(2)After the
close of the roll (in this regulation, the main roll), the returning officer must
prepare a supplementary roll that contains the names and addresses
of every person—

(a)who becomes eligible to vote in the election
after the close of the main roll; or

(b)whose name was wrongly omitted from the
main roll.

(3)Once the supplementary
roll has closed, it forms part of the main roll for the election.

(4)The returning
officer must ensure that any notices relating to the election that
were given to electors on the main roll before the close of the supplementary
roll are also given to electors on the supplementary roll.

8People not to participate in 2 elections

(1)This regulation
applies to a person who is eligible to stand or vote in both an election
for a staff representative and an election for a parent representative,
but who (by virtue of section 101(6) of the Act) is not
entitled to stand or vote in both elections.

(2)A person to
whom this regulation applies must be enrolled only on the staff representative
roll unless, before the close of that roll, the person advises the
returning officer in writing that he or she wishes to be enrolled
on the parent representative roll instead.

(3)If the returning
officer receives advice from a person under subclause (2), the returning
officer must ensure that—

(a)the person's name does not appear on
the staff representative roll; and

(b)the person's name appears on the parent
representative roll.

(4)The name of
a person that is entered on the parent representative roll under subclause
(3) must remain on that roll until either—

(a)3 years have elapsed, and the person
gives notice in writing that he or she wishes to be enrolled on the
staff representative roll instead of the parent representative roll;
or

(b)the person ceases to be eligible to be
enrolled on the parent representative roll.

(5)The returning
officer must take reasonable steps, before the close of the staff
representative roll, to notify all persons to whom this regulation
applies of the effect of this regulation.

9Call for nominations

(1)The returning
officer for all schools except correspondence schools must call for
nominations for the election of a parent representative by—

(a)posting or personally delivering a notice
to each person named on the roll; and

(b)publishing a notice in a newspaper circulating
in the area of the school.

(2)The returning
officer for all schools except correspondence schools must call for
nominations for the election of a staff representative or a student
representative—

(a)by posting or personally delivering a
notice to each person named on the roll; or

(b)if the returning officer is satisfied
that displaying notices will adequately inform electors about the
call for nominations, by displaying notices in prominent places around
the school.

(3)The returning
officer for a correspondence school must call for nominations for
the election of any trustee by posting a notice to each person on
the relevant roll.

(4)Every notice
under this regulation must—

(a)invite nominations for election; and

(b)state how many trustees are to be elected,
and for what term (if applicable); and

(c)give the closing date and time for nominations;
and

(d)state that the roll is open for inspection,
and say where it may be inspected; and

(e)give the date of the election, and the
time on which the poll closes; and

(f)in the case of a notice that is posted
or delivered, include a nomination paper; and

(g)in the case of a notice that is published
or displayed, say where nomination papers may be obtained.

10Acceptance of nomination

(1)Every nomination
must give the name of the nominator and the nominee, and must be signed
by both the nominator and the nominee.

(2)A nomination
for a parent representative is not valid unless the name of the nominator
is on the roll; but the name of the nominee need not be on the roll.

(3)A nomination
for a staff representative is not valid unless the name of both the
nominator and the nominee are on the roll.

(4)A nomination
for a student representative is not valid unless the name of both
the nominator and the nominee are on the roll.

(5)At any time
before election day, the names (but not the addresses) of every candidate
for election (being a person whose nomination has been accepted and
not withdrawn) must be available for inspection at any reasonable
time at the school.

11Statements by nominees

(1)A nominee
may, before the close of nominations, give the returning officer a
brief statement, signed by the nominee, about his or her experience,
qualifications, abilities, previous involvement with the school, interests,
and reasons for standing for election.

(2)For the purpose
of including a copy of any such statement in the voting papers issued
to electors, the returning officer may omit or abridge any part of
the statement if the returning officer considers, on reasonable grounds,
that the part is likely to be defamatory or offensive, or is too long.

12Withdrawal of nomination

(1)A person who
has been nominated may, by written notice to the returning officer,
withdraw from the election.

(2)The returning
officer must take reasonable steps to ensure that voters are notified
of the withdrawal of any candidate that occurs after voting papers
are issued.

Election

13Election not necessary in certain circumstances

(1)If the number
of valid nominations received by the close of nominations does not
exceed the number of trustees to be elected, the returning officer
must immediately declare the nominee or nominees duly elected, and
no election may be held.

(2)If at any
time between the close of nominations and election day a candidate
withdraws and, as a result of that withdrawal, the number of nominations
does not exceed the number of trustees to be elected, the returning
officer must immediately declare the remaining nominee or nominees
duly elected, and no election may be held.

(3)If no election
is to be held because subclause (1) or subclause (2) applies, the
returning officer must take all reasonable steps to ensure that voters
are notified of that fact.

14Voting papers

(1)If an election
is to be held, the returning officer must issue voting papers by posting
or personally delivering them to every person whose name appears on
the roll for the election.

(2)In the case
of an election for a staff or a student representative, if the returning
officer is satisfied that electors can collect their own voting papers,
the returning officer may, as well as or instead of issuing voting
papers in accordance with subclause (1),—

(a)display notices in prominent places around
the school advising where and when voting papers may be collected;
and

(b)issue voting papers to any elector who
seeks to collect his or her voting papers from the place, and at a
time, specified in the notice.

(3)When voting
papers are issued, the following must be included with them:

(a)copies of any statements provided by
nominees under regulation 11, other than statements
by nominees who have withdrawn:

(b)the envelope in which the voting papers
must be returned.

15Validity of voting papers

(1)A voting paper
received after noon on election day is invalid, unless the voting
paper was posted and the date stamp on the envelope shows that it
was posted before noon on election day.

(2)A vote is
also invalid if—

(a)the voter votes more than once in the
election; or

(b)the voter votes for more candidates than
there are trustees to be elected; or

(c)the voting paper was not contained in
the envelope included with the voting papers; or

(d)the voting paper does not, in the opinion
of the returning officer, clearly indicate the candidate or candidates
for whom the voter intended to vote; or

(e)the returning officer believes on reasonable
grounds that the voting paper was not issued to the voter by the returning
officer.

16Declaration of result

(1)After counting
the number of valid votes cast for each candidate, the returning officer
must, subject to subclause (2), declare the result of the election.

(2)If 2 or more
candidates receive the same number of valid votes, the returning officer
must decide which of them is elected by conducting a lot.

(3)The lot must
be conducted in the presence of the candidates' scrutineers (if any)
and—

(a)2 members of the Board; or

(b)if 2 members of the Board are not available
within a reasonable time, 2 members of staff of the Board.

(4)The returning
officer must declare the result of an election by giving written notice
to the Board and to the Secretary of the names of the candidates elected,
the number of valid votes cast for each candidate, and the number
of invalid votes cast.

(5)After declaring
the result, the returning officer must give notice of the names of
the candidates elected, the number of valid votes cast for each candidate,
and the number of invalid votes cast, by—

(a)prominently displaying notices at the
school; and

(b)in the case of a school that uses the
short election timetable, publishing a notice in 1 or more newspapers
circulating in the area of the school; and

(c)in the case of a school that uses the
long election timetable, sending a notice to all electors on the roll.

17Custody of voting papers

(1)Until the
result of an election is declared, the returning officer must keep
all voting papers received by the returning officer in his or her
custody.

(2)As soon as
practicable after declaring the results of an election, the returning
officer must seal up the voting papers and give them, along with a
copy of the roll for the election, to the Registrar of the nearest
District Court, who, subject to any order to the contrary made by
a court of competent jurisdiction,—

(a)must not open the papers; and

(b)must destroy the voting papers and the
copy of the roll at the end of 6 months.

Miscellaneous

18Secretary to approve nomination papers and voting
papers

(1)The Secretary
may approve different forms of nomination papers and voting papers
for use in different schools or types of school, and in different
circumstances.

(2)When the Secretary
approves a form of nomination paper or voting paper, he or she must
publish a notice in the Gazette—

(a)setting out the approved form of nomination
or voting paper; and

(b)specifying the schools or types of school
that must use that form, or the circumstances in which that form must
be used, or both.

(3)All or part
of any approved form of nomination or voting paper may be written
in te reo Maori or any other language.

19Scrutineers

(1)Any candidate
for election may, by written notice to the returning officer received
before election day, appoint a scrutineer.

(2)The role of
a scrutineer is—

(a)to be present and observe the opening
of envelopes containing voting papers; and

(b)to examine the envelopes and voting papers;
and

(c)to observe the counting of the votes.

20Maintaining secrecy of election

No returning
officer, scrutineer, or other person involved in the conduct of an
election may, directly or indirectly, give any person information
likely to defeat the secrecy of the election, and in particular may
not—

(a)give or pretend to give information by
which the final result may be made known before its declaration; or

Up to 5 days after election day (if postmarked
before noon on election day)

Count votes

On sixth day after election day

Declare results

As soon as result is known

Marie Shroff,Clerk of the Executive
Council.

Explanatory note

This note is
not part of the regulations, but is intended to indicate their general
effect.

These
regulations, which come into force on 30 October 2000, replace
the Education (Trustee Elections) Regulations
1992. They provide a single set of rules that apply to
the election of parent representatives, staff representatives, and
student representatives, to school Boards of Trustees. Most schools
must use a “short election timetable”, but correspondence schools and schools that are permitted to by
the Secretary may use a “long election timetable”. Both timetables are set out in tabular form in schedules.

The regulations provide for the
Secretary to approve, by notice in the Gazette, different forms of nomination and voting papers for use by different
schools, and in different circumstances. The regulations specifically
permit forms of papers that include or are written in te reo Maori
or any other language.

Contents

4Changes
made under section 17C of the Acts and Regulations Publication Act
1989

5List
of amendments incorporated in this reprint (most recent first)

Notes

1General

This is a reprint of the Education (School Trustee Elections)
Regulations 2000. The reprint incorporates all the amendments to the
regulations as at 6 October 2000, as specified in the list of
amendments at the end of these notes.

Relevant provisions of any amending enactments that have
yet to come into force or that contain relevant transitional or savings
provisions are also included, after the principal enactment, in chronological
order.

2Status of reprints

Under section 16D of the Acts and Regulations Publication Act
1989, reprints are presumed to correctly state, as at the
date of the reprint, the law enacted by the principal enactment and
by the amendments to that enactment. This presumption applies even
though editorial changes authorised by section 17C of the Acts and Regulations
Publication Act 1989 have been made in the reprint.

This presumption may be rebutted by producing the official
volumes of statutes or statutory regulations in which the principal
enactment and its amendments are contained.

3How reprints are prepared

A number of editorial conventions are followed in the
preparation of reprints. For example, the enacting words are not included
in Acts, and provisions that are repealed or revoked are omitted.
For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/
or Part 8 of the Tables of New Zealand Acts
and Ordinances and Statutory Regulations and Deemed Regulations in
Force.

4Changes made under section 17C of the Acts and Regulations
Publication Act 1989

Section
17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out
in sections 17D and 17E of that Act
so that, to the extent permitted, the format and style of the reprinted
enactment is consistent with current legislative drafting practice.
Changes that would alter the effect of the legislation are not permitted.

A new format of legislation was introduced on 1 January
2000. Changes to legislative drafting style have also been made since
1997, and are ongoing. To the extent permitted by section 17C of
the Acts and Regulations Publication Act 1989, all legislation
reprinted after 1 January 2000 is in the new format for legislation
and reflects current drafting practice at the time of the reprint.

In outline, the editorial changes made in reprints under
the authority of section 17C of the Acts and Regulations Publication Act
1989 are set out below, and they have been applied, where
relevant, in the preparation of this reprint:

•omission of unnecessary referential words (such as “of this section” and “of this Act”)

•typeface and type size (Times Roman, generally in 11.5 point)

•layout of provisions, including:

•indentation

•position of section headings (eg, the number and heading now appear
above the section)

•format of definitions (eg, the defined term now appears in bold type,
without quotation marks)

•format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

•position of the date of assent (it now appears on the front page
of each Act)

•punctuation (eg, colons are not used after definitions)

•Parts numbered with roman numerals are replaced with arabic numerals,
and all cross-references are changed accordingly

•case and appearance of letters and words, including:

•format of headings (eg, headings where each word formerly appeared
with an initial capital letter followed by small capital letters are
amended so that the heading appears in bold, with only the first word
(and any proper nouns) appearing with an initial capital letter)

•small capital letters in section and subsection references are now
capital letters

•schedules are renumbered (eg, Schedule 1 replaces First Schedule),
and all cross-references are changed accordingly

•running heads (the information that appears at the top of each page)

•format of two-column schedules of consequential amendments, and schedules
of repeals (eg, they are rearranged into alphabetical order, rather
than chronological).